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People v. Desiderio-Manrique

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Jul 3, 2019
174 A.D.3d 540 (N.Y. App. Div. 2019)

Opinion

2016-03635 Ind. No. 213/14

07-03-2019

The PEOPLE, etc., respondent, v. Jesus DESIDERIO–MANRIQUE, appellant.

Paul Skip Laisure, New York, N.Y. (Meredith S. Holt of counsel), for appellant. Michael E. McMahon, District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart of counsel), for respondent.


Paul Skip Laisure, New York, N.Y. (Meredith S. Holt of counsel), for appellant.

Michael E. McMahon, District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart of counsel), for respondent.

WILLIAM F. MASTRO, J.P., JOHN M. LEVENTHAL, ROBERT J. MILLER, COLLEEN D. DUFFY, HECTOR D. LASALLE, JJ.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Richmond County (William Garnett, J.), imposed March 7, 2016, upon his plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Sanders, 25 N.Y.3d 337, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Ramos, 7 N.Y.3d 737, 819 N.Y.S.2d 853, 853 N.E.2d 222 ; People v. Lopez, 6 N.Y.3d 248, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ). The defendant's valid waiver of the right to appeal precludes appellate review of his contention that the sentence imposed was excessive (see People v. Bradshaw, 18 N.Y.3d 257, 265, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; People v. Lopez, 6 N.Y.3d at 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ).

MASTRO, J.P., LEVENTHAL, MILLER, DUFFY and LASALLE, JJ., concur.


Summaries of

People v. Desiderio-Manrique

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Jul 3, 2019
174 A.D.3d 540 (N.Y. App. Div. 2019)
Case details for

People v. Desiderio-Manrique

Case Details

Full title:The People of the State of New York, respondent, v. Jesus…

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Jul 3, 2019

Citations

174 A.D.3d 540 (N.Y. App. Div. 2019)
2019 N.Y. Slip Op. 5416
101 N.Y.S.3d 634